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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />." <br />Sacramento CA 95814. The Court may assess and award suspended civil penalties to the State <br />Water Board pursuant to the Stipulation and Judgment until the entire suspended civil penalties <br />amount as provided up to $3,250,000 is met. The Court may also enjoin any violation of the <br />Stipulation and Judgment and award any other relief available under the law. Further, if <br />defendant Sarbjit Kang fails to comply with any of the Injunctive Provisions in the Stipulation <br />and Judgment, then the State Water Board may issue a Notice of Intent to Seek Assessment of <br />Suspended Penalties and/or a Permanent Injunction as set forth in paragraphs 13 and 16. <br />Defendant Sarbjit Kang will have 30 calendar days to correct the violations identified in the <br />Notice of Intent to Seek Assessment of Suspended Penalties and/or a Permanent Injunction. If <br />the State Water Board determines that the violations have been corrected within 30 calendar days <br />from the date of the Notice of Intent to Seek Assessment of Suspended Penalties and/or a <br />Permanent Injunction, then defendant Sarbjit Kang shall not be liable for the suspended penalties <br />and shall not be permanently enjoined. If the State Water Board determines that the violations <br />have not been corrected within 30 calendar days from the date of the Notice of Intent to Seek <br />Assessment of Civil Penalties and/or a Permanent Injunction, then the State Water Board may <br />move this Court by noticed motion in accordance with Code of Civil Procedure section 1005, and <br />subject to the same procedure above, to assess and collect suspended civil penalties against <br />defendant Sarbjit Kang, permanently enjoin defendant Sarbjit Kang from owning or operating any <br />facility in the State of California, enjoin defendant Sarbjit Kang from failing or refusing to <br />comply with any provisions in the Stipulation and Judgment, and to award any other appropriate <br />relief. <br />18. The State Water Board shall have 1 year after the expiration of 5 years from the date <br />this Court enters the Judgment to file a noticed motion for suspended civil penalties, to enjoin the <br />Defendants from failing or refusing to comply with any provisions in the Stipulation and <br />Judgment, and to award any other appropriate relief regarding the Covered Matters. The State <br />Water Board shall have the burden of proof based on the preponderance of evidence that the <br />alleged violations occurred before the expiration of 5 years from the date this Court enters the <br />Judgment. <br />13 <br />Final Consent Judgment (Case No. 34-2014-00164107) <br />